Terms of Use  

Last Updated August 2019

These Terms of Use constitute a legally binding agreement between Tritium™ Partners, LLC (“Tritium” or the “Firm”) and you, the user of the Tritium web site (the “Site“).  By accessing the Site you acknowledge that you have read and agree to these Terms of Use.  These Terms of Use govern your use of the Site.  Please read these Terms of Use carefully.  If you do not agree with any of the terms and conditions contained herein, please do not use the Site.

Tritium reserves the right to amend these Terms of Use in its sole discretion.  Tritium will post any changes to these Terms of Use on the Site, and changes shall be effective immediately upon posting.  We recommend that you re-visit the Site on occasion to learn of revised terms or policies.  Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

Your right to access and use the Site is limited solely for purposes of obtaining information regarding Tritium, to evaluate a potential business relationship with Tritium, or for internal business purposes in furtherance of an existing business relationship with the Firm.  Without limiting the foregoing, as a condition of your right to access the Site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

1. use the Site for any commercial purpose or the benefit of any third party;

2. frame or hyperlink the Site or any portion thereof without prior written consent of Tritium;

3. remove any proprietary notices from the Site or any copy thereof;

4. attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by Tritium with respect to the Site and/or data transmitted, processed or stored by Tritium; or

5. use the Site for any illegal or fraudulent purpose.

Information Purposes Only

This site is intended solely to provide general information regarding Tritium.  Nothing on the Site is an offer or solicitation to provide investment advice or to buy or sell any security or other investment.  Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions.  Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, legal or other professional advice.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.  You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

This Agreement applies only to the Site and not to other websites that may be accessible from the Site and the Firm shall not be responsible for the content of any third-party website accessible from the Site.  Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Tritium.  If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks“) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to Tritium or its licensors and are protected by intellectual property rights and unfair competition and other laws.  The Marks may be registered or unregistered trademarks of the Firm or others.  You may not use any Mark or Content without the express prior written permission of the owner (whether Tritium or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content.  Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TRITIUM, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. TRITIUM PARTNERS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

TRITIUM DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TRITIUM IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN BASED ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL TRITIUM BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold Tritium, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of these Terms of Use.  The Firm reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Tritium for all liabilities, losses, or damages.  You agree to provide Tritium with whatever cooperation it reasonably requests.

Privacy Policy

Tritium collects personal data about you from your use of this website.  We are a controller under the General Data Protection Regulation (“GDPR”) and process Personal Data provided by you through your use of our website.  This Privacy Notice explains how we collect Personal Data obtained from you through your use of our website.

1. What Personal Data do we collect?

Personal Data is any information relating to you or that we can otherwise link to you.  The Personal Data we collect on this website may include your name, email address, address and other contact information.

We may also collect information about your use of the website when you enter and browse the website through the use of “cookies,” web server logs and other electronic tools.  This information may include, without limitation, the number and frequency of your visits to the website, the websites accessed before and after you visit the website, the internet browsers used by you and your IP addresses.

2. How do we collect Personal Data?

We collect Personal Data that you voluntarily provide to us, such as through forms you choose to submit to contact us to obtain more information about Tritium.  We may also collect Personal Data through the use of a cookie on our website.

This Privacy Notice does not address our privacy practices with respect to any Personal Data we may collect from an investor in funds that we sponsor or manage. We address these practices in separate notices to investors as required by law.

3. How do we use your Personal Data?

We use the Personal Data we collect from you on our website for communication purposes, such as (i) to send you information about Tritium and (ii) to maintain our list of contacts.

4. Why do we process your Personal Data?

We process your Personal Data for communication and marketing purposes.

5. What legal basis do we use to process your Personal Data?

We rely on our legitimate business interests in maintaining business relationships and communicating about Tritium’s business.

6. Is it necessary to provide Personal Data?

You are not required to submit information to us through this website.  However, we may collect cookies, which do not require your consent.

7. With whom do we share your Personal Data?

We will not share your Personal Data with third parties except in the context of those third parties acting as data processors.  For example, we may use a customer relationship manager software platform to organize our business contacts, and your Personal Data may reside on that software.  Where relevant, we will ensure that contractual safeguards are implemented with these third-party data processors to ensure the protection of your Personal Data.

8. How long do we retain your Personal Data?

Your Personal Data will be retained for as long as you are a business contact to us, or longer as required by applicable law.  Your Personal Data may be deleted when it is no longer relevant or when you withdraw consent (see below), again within the parameters of applicable law. You may unsubscribe at any time from communications from us, and we will cease sending you further communications.

9. What are my rights with respect to my personal data?

You have the right to know what Personal Data we process about you and have the right to obtain specific information about such Personal Data and to request a copy of your Personal Data, free of charge. You are also entitled to correct or supplement inaccurate Personal Data without delay, unless the request is excessive or unfounded.  You have the right to request that your Personal Data be deleted if it is no longer necessary for the purposes it was originally collected or processed, subject to applicable law.  You have the right to restrict processing of your Personal Data in some circumstances, subject to any legal obligations of Tritium.  You have the right to receive your Personal Data in a machine-readable format and request a transfer of the Personal Data to another party responsible for data processing to the extent that the processing was carried out by automated means.  You have the right to object to processing your Personal Data for marketing purposes and the right to opt out of such marketing.  You also have the right to lodge a complaint with the relevant data protection authority.

10. What security do we have in place over your personal data?

Tritium has implemented appropriate technical security measures to help protect your Personal Data against loss and to safeguard your Personal Data against access by unauthorized persons.  We consider the protection of sensitive information to be a sound business practice, and to that end we employ physical, electronic and procedural safeguards to protect your Personal Data obtained through use on this website.

11. What are our procedures in the event of a breach to your Personal Data?

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data, we will notify the applicable supervisory authority in the European Union within 72 hours of discovering the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons.  We will also notify each affected subject of a breach without undue delay if the breach is likely to result in a high risk to the rights and freedoms of natural persons.  We are not required to notify you of a breach if the breached data is encrypted, if we have taken measures, such as wiping the data remotely, and such breach is unlikely to result in a material adverse effect, or if providing notice requires disproportionate efforts, in which case a public communication should be made, rather than notice to each person.

12. Updates to this privacy statement

This Privacy Notice was updated in August 2018.  We may amend this notice from time to time to reflect changes in our practices with respect to the processing of Personal Data or changes in applicable law.

13. Contact information

If you have any questions about how we process your Personal Data, please contact us at info@tritiumpartners.com.

 

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect.  The failure of Tritium at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law rules.  Any legal proceeding arising out or relating to these Terms of Use against or relating to Tritium or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Austin, Texas and you irrevocably consent to the jurisdiction of such courts.  The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use.  The word “including” means “including without limitation.”

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact Tritium at (512) 493-4100.

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